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November 25th, 2011Utah DUI Penalties
July 15th, 2011You’ve gotten a DUI in Utah and you’ve heard horror stories and conflicting information about what can happen to you. A friend of your cousin’s
said you can get five years in prison. Your neighbor told you his roommate got a DUI in Salt Lake City and only got a fine.
So what’s the truth about DUI penalties in Utah? Here’s some quick facts:
JAIL/PRISON
By far, this is my clients’ top priority and the number one question they have about it is: how much jail or prison time am I facing? The answer is a resounding: it depends.
On a first DUI you are technically facing six months in jail but if you pled guilty you would possibly only get the minimum mandatory of two days unless you had aggravating circumstances like a high BAC, an accident, you were a jerk to the cop, the prosecutor doesn’t like you etc. On a second DUI the minimum mandatory goes up to ten days. On a third, you’re now facing five years in prison with a minimum mandatory of 62.5 days. The “minimum” though set by law, varies by judge and prosecutor though so be careful. Some clients that I have tried to go it alone first and ended up getting far in excess of the minimums. When a prosecutor knows you’re at their mercy, they can do whatever they want. Best not to go without representation and let that happen. And yes, I have seen first time DUI’s get nearly the maximum in jail (it was a bad case though where they hit another car and disabled the other driver).
FINES
How much are you going to pay? A lot. Let me emphasize that: A LOT. DUI’s are major money-makers for cities, counties and states. A single DUI in Utah, with the impound fees, license reinstatement fees, fines, attorney fees, treatment class fines, etc., could run, in total, somewhere between $5000-$20,000. The court fines are just the tip of the iceberg. A good attorney can help minimize these costs, but not get rid of them entirely. Expect to pay something.
TREATMENT
Courts love recommending lots of treatment, even though the studies suggest they have little impact on DUI offenders. Regardless, treatment will probably be part of any deal you negotiate. It can run anywhere from 4 hours of classes to 50 hours of classes depending on the treatment provider chosen. Speak with a good DUI attorney about what treatment providers are good, or get other recommendations from people you may know. You may find reviews of treatment providers online and you can research them there as well. One thing to keep in mind: many treatment providers have you pay for an assessment to determine if you need treatment and then provide the treatment too. Clearly a conflict. Government agencies usually are better on this but BE CAREFUL. Treatment costs can easily skyrocket.
DRIVER LICENSE
The suspension rules are complex and too broad a topic for a section in a blog post. You need to research them or hire an attorney (sorry to keep saying that but it’s just such good advice!) and figure out which sections of the administrative rules and Utah Code apply to your case. Your license could be suspended for as little as four months or as long as three years. This is very fact specific to your case and you need some research or to consult someone knowledgeable to figure out where you fall.
WORK
You may not want your work to find out that you have a DUI. There’s going to be documents filed, possibly subpoenas sent, phone calls made etc. This is something you need to be wary of if it’s important to you. To be honest, the court doesn’t care if you get fired over this so you’re the only one that can prevent it. Getting a P.O. Box as your official address may not be a bad idea if you don’t want people in the home finding out either.
COURT APPEARANCES
Sadly, this is something that can rarely be prevented. You’re going to have lots of them. More if you have a good attorney, less if you have a bad one and they plead you guilty the first chance they get (unless there is a specific reason for doing so and there sometimes is). You’re going to miss work, children’s birthdays, soccer games etc. You just have to work with your attorney to schedule these the best way possible.
MORAL IMPLICATIONS
You may feel bad on a moral level that you committed a crime and feel that you deserve punishment. Put that out of your head right now! The prosecutor’s job is to prove crimes, not make you feel bad. We all make mistakes. I have defended doctors, lawyers, politicians, Church leaders and on and on. We’re human. The point is to get the best possible outcome for you, learn from the experience, and make sure it doesn’t happen again. Don’t beat yourself up over it if you have a DUI.
OTHER PENALTIES FOR A DUI IN UTAH
There’s going to be more associated with a DUI in Utah, like ignition interlock devices, becoming an alcohol restricted driver, having your vehicle towed, having the stigma of the charge on your record etc. Frankly, there’s so much that entire books have been written on DUI’s. The best thing you can do is hire a good DUI attorney and begin the process as soon as possible.
Protect Your Rights – Justice Court Appeals
December 11th, 2010If you have been charged with a crime in one of Utah’s many justice courts, you need to be aware of your right to appeal.
There are two trial court systems in Utah: district courts and justice courts. Felonies and serious misdemeanors must be prosecuted in the district courts. Justice courts have jurisdiction over less serious misdemeanors, traffic violations, and infractions.
If you face charges in a justice court, you have the right to appeal any judgment of the justice court to a district court.
The Utah code states,
“In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 30 days of:
(a) sentencing after a bench or jury trial, or a plea of guilty in the justice court resulting in a finding or verdict of guilt; or
(b) a plea of guilty in the justice court that is held in abeyance.”
(Utah Code Annotated § 78A-7-118).
What this means is that after sentencing, a defendant may appeal to the district court for a trial de novo.
“De novo” means “beginning again.” The appeal resets the case to the very beginning and gives the defendant the right to a new trial. The defendant may also negotiate a different plea bargain.
It is very important that a justice court case be appealed within 30 days of sentencing or pleading guilty on a plea in abeyance. On the 31st day, the justice court judgment is final and no appeal is possible.
The notice of appeal must be in writing and must be filed in the justice court where the case was originally prosecuted.
No matter what has happened in your justice court case, you have the right to appeal and start the case over.
When you know your rights, you can exercise them and better protect yourself. At the law firm of Sharifi & Baron we are dedicated to protecting our clients. Utah law is complex and every situation is different. Call us today for a free consultation.
Case Law Update: It’s Hard to Win at Prelim
October 7th, 2010
Before a case can go to trial in Utah, a magistrate must decide that there is reason to believe two things: (1) that a crime was committed, and (2) that the person accused is the culprit. The magistrate makes this decision at a court hearing called a preliminary hearing.
Today, the Utah Court of Appeals issued a brief decision that shows what many criminal attorneys already knew – it is very difficult to win a preliminary hearing. In State v. Droesbeke, a child witness accused her father of some heinous crimes. On cross-examination the same witness admitted that she didn’t remember what happened, that she had made a mistake, and that the accusations were a lie.
Despite the child’s conflicting testimony, the magistrate and the trial court decided that there was enough evidence to warrant a trial. The defendant appealed.
The Court of Appeals agreed with the trial court, holding that “the magistrate [is] not allowed to weigh the credibility of witnesses’ preliminary hearing testimony.” Rather, a magistrate “‘must leave all the weighing of credible but conflicting evidence to the trier of fact.’”
In other words, the magistrate at a preliminary hearing has to order a trial unless the prosecution’s evidence is so unreasonable or inconsistent that it cannot support a reasonable belief that the defendant committed the crime with which he or she is charged.
While it is extremely difficult to require a judge to dismiss a felony without trial at the preliminary hearing stage, the preliminary hearing is not a waste of time. The burden on the prosecution at the prelim is extremely low, but if the prosecution’s witnesses don’t come to court, they may not even be able to clear that low hurdle. The prelim is also a valuable opportunity to preview the State’s case. The defense and the prosecution might both be surprised by holes in the government’s case that come to light at the preliminary hearing.
Today’s ruling affirms what we already knew. The prosecution doesn’t have to do much to get past a preliminary hearing. But the preliminary hearing is still an important hearing that can be used to sift serious prosecutions from cases without merit.
Press Release: SALT LAKE CITY PROSECUTES UNARMED VICTIM OF BRUTAL SHOOTING
March 15th, 2010Salt Lake City files assault, reckless endangerment, and criminal trespass charges against J.J. Pikula, an unarmed patron of a local social club.
On September 19, 2009, J.J. Pikula was enjoying time with his friends at Green Street, a local social club. At some point in the evening, one of the other patrons hit J.J. twice in the face and J.J. was forced to defend himself. An off-duty Salt Lake Sherrif’s Deputy then drew his weapon and fired one bullet at J.J. who was completely unarmed and unaware of the Deputy’s presence. J.J. was rushed to the hospital in critical condition.
Numerous witnesses confirm that J.J. acted in self defense. Those witnesses also indicate that the Sherrif’s Deputy had been drinking and that his judgment was likely impaired.
The Salt Lake City Prosecutor’s Office has now filed criminal charges against the J.J. Pikula, the victim of this brutal shooting. The District Attorney’s Office has reportedly declined to file any criminal charges against the Deputy.
Mr. Pikula has retained Yossof Sharifi, a member of the Lance Firm, P.C., to defend him against these criminal charges. According to Mr. Sharifi, “This is an example of prosecutors looking out for the interests of a Sherrif’s Deputy. It is inappropriate to blame a victim for the ill-advised actions of a trigger-happy Deputy. J.J. Pikula is totally innocent of any criminal conduct and we plan to fight to clear his name.”
J.J. Pikula’s arraignment is set for March 26, 2010 at 10:00 a.m. in the Salt Lake District Court located at 450 South State Street.
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Follow Up: State Won’t Release Killpack Video
February 12th, 2010
As I previously noted, the State was refusing to turn over video of then-Senator Sheldon Killpack’s DUI arrest.
The State Records Committee decided Thursday that dash-cam video of former Utah State Senator Sheldon Killpack’s arrest for allegedly driving drunk, as well as a Utah Highway Patrol report of the incident, are public records.
However, it may take up to 30 days to turn the records over.
Are Breath Testing Machines Reliable?
February 12th, 2010
One of the linch-pins of DUI enforcement in Utah is a machine called the Intoxilyzer. The latest version is called the Intoxilyzer 8000 and is manufactured by a company called CMI, Inc.
Unfortunately, we don’t know if the Intoxilyzer 8000 works. In my experience and based on my research, CMI has never allowed independent researchers to test the machine to verify that it accurately measures breath alcohol levels or that those breath alcohol levels correlate to blood alcohol levels. CMI refuses to sell the machine to anyone but law enforcement agencies and will not even supply information about its software.
California DUI attorney Lawrence Taylor writes on his blog that “In the one case where the manufacturer (Draeger) obeyed a court order — from the New Jersey Supreme Court — the machine involved (AlcoTest 7110) was found to use antiquated software that failed to meet even the most basic governmental and industrial standards.”
So, does the Intoxilyzer 8000 work? We don’t know. But people are being convicted and often jailed based on a machine that has never been externally verified and may have inaccurate software.
Salt Lake City DUI Attorney
January 29th, 2010|
Call us toll free at (888) 755-0494 for a free consultation on your case. If you have been charged with a Driving Under the Influence (DUI) in Salt Lake City, you need the best DUI attorneys to defend you. With Sharifi & Baron, our DUI defense attorneys are former prosecutors who have handle hundreds of DUI cases. Our attorneys receive some of the same trainings as the DUI police officers in Salt Lake City. Click here to learn more about our DUI Defense or Call us toll free at (888) 755-0494 for a free initial consultation on your case. |
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Timeshare Scams
May 27th, 2009The good folks at Utah Stories asked us to answer a legal question about timeshare scams. Our article is included below. You can find it at www.UtahStories.com. The direct link to our article is here.
Timeshare Traps & Your Legal Rights
Question:
My husband and I just bought a timeshare. I need help. I want to cancel but don’t know how. After reading all these reviews I think we made a big mistake. [Edited for grammar and spelling. Timeshare seller's name omitted.]
~ Maria Hernandez
Answer:
Maria, I’m sorry to hear that you are regretting your decision to buy a timeshare. As Utah Stories has reported in the past, the companies and salespeople who market timeshares have developed something of a reputation for being misleading. Obviously, not all timeshare marketers are dishonest, but the ones that are can make it very difficult to know if you are getting what you pay for.
Under Utah law, you have a few days to cancel the purchase of a timeshare for any reason whatsoever. If you provide notice to the seller of the timeshare by certified mail or by a hand-delivered letter “not later than midnight of the fifth calendar day following the day on which the agreement [was] signed” you can cancel the contract without giving any reason. Legal holidays and the day the agreement was signed are not included when computing the “fifth calendar day.” So, if you signed an agreement on May 1 of this year, you would have until midnight on May 6 to cancel the contract.
If it has been more than five days since you signed the timeshare agreement, it might still be possible to cancel the contract if the timeshares or the timeshare salespeople were not properly registered at the time of the sale. If you believe the timeshares or the salespeople were not properly registered you have two years to cancel the contract from either the date you signed the agreement, or from the date you knew or should have known of the violation.
If the timeshare and the salespeople were registered and it has been more than five days since you signed the purchase agreement, the law gives you fewer options. Duress, coercion and fraud, for example, could make it possible to cancel the contract, but you will probably want to consult with a lawyer about those terms because the law gives them very narrow definitions. You may also consider filing a complaint with the Division of Real Estate or the Attorney General’s Office.
Be careful to make sure that you understand exactly what you are getting before you commit to buying a timeshare, a car or anything else.
Yossof Sharifi and Joshua Baron are partners at the law firm of Sharifi & Baron where they focus on representing small businesses in everything from incorporation to civil litigation. They can be reached at jbaron@sb-legal.net.
Disclaimer: This article provides information about the law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.